The British Broadcasting Company (BBC), is the world’s most established national broadcaster, but it is the latest international company to become embroiled in a Trade Mark infringement case in China.
The BBC has brought an action against Beijing Iyuba Technology Co. Ltd alleging Trade Mark infringement. Iyuba operates an educational website which aims to help Chinese speakers to learn English, this site is known as ‘BBC English’, and make prominent use of the reputed ‘BBC’ acronym in its branding.
In addition to using the ‘BBC’ sign, the Chinese company also uses the BBC’s news features, audio programmes and other media, in the online tutorials and learning materials that are dispersed on its website and apps.
Iyuba operates in a highly competitive market environment in which a number of companies offer online English language learning services. The level of competition often drives China-based companies to use recognisable international brands as ‘click bait’ in order to attract more consumers.
The BBC has owned Trade Mark Registrations in China since the 1980’s, and in seeking to enforce their rights, they initially sent a number of cease and desist letters to Iyuba requesting that they stop using the ‘BBC’ acronym. In the absence of a satisfactory response being received, the BBC has now been forced into taken action in the Haidian District People’s Court in Beijing, seeking 500,000 Chinese yuan (approximately £57,000) and Court order prevent Iyuba’s unauthorised use of ‘BBC’.
In recent years; Facebook and The Walt Disney Company amongst others, have successfully lodged and won claims in China for Trade Mark infringement, and received significant damages. These cases are a step in the right direction, to encourage other parties to follow suit, and to seek to protect and enforce their Trade Mark rights in China. Ultimately, this will lead to a justified return on investment, and protect the expansion of businesses into China.
Albright IP has strong relationships with expert Chinese attorneys and are well placed to assist their clients in protecting and enforcing Trade Marks in China.
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